Bill Text: OR HB2669 | 2013 | Regular Session | Enrolled
Bill Title: Relating to employee protections; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-13 - Chapter 379, (2013 Laws): Effective date June 13, 2013. [HB2669 Detail]
Download: Oregon-2013-HB2669-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session Enrolled House Bill 2669 Sponsored by Representatives FREDERICK, MATTHEWS (at the request of Commissioner of the Bureau of Labor and Industries Brad Avakian) (Presession filed.) CHAPTER ................ AN ACT Relating to employee protections; creating new provisions; amending ORS 659A.001; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Section 2 of this 2013 Act is added to and made a part of ORS chapter 659A. + } SECTION 2. { + (1) An intern is considered to be in an employment relationship with an employer for the purposes of the employee protections provided under ORS 659A.030, 659A.082, 659A.109, 659A.112, 659A.136, 659A.142, 659A.199, 659A.230, 659A.233, 659A.236, 659A.290, 659A.300, 659A.303, 659A.306 and 659A.315. (2) Nothing in subsection (1) of this section creates an employment relationship between an employer and an intern for the purposes of ORS chapter 652, 653, 654, 656, 657 or 658. (3) As used in this section, 'intern' means a person who performs work for an employer for the purpose of training if: (a) The employer is not committed to hire the person performing the work at the conclusion of the training period; (b) The employer and the person performing the work agree in writing that the person performing the work is not entitled to wages for the work performed; and (c) The work performed: (A) Supplements training given in an educational environment that may enhance the employability of the intern; (B) Provides experience for the benefit of the person performing the work; (C) Does not displace regular employees; (D) Is performed under the close supervision of existing staff; and (E) Provides no immediate advantage to the employer providing the training and may occasionally impede the operations of the employer. + } SECTION 3. ORS 659A.001 is amended to read: 659A.001. As used in this chapter: (1) 'Bureau' means the Bureau of Labor and Industries. (2) 'Commissioner' means the Commissioner of the Bureau of Labor and Industries. (3) 'Employee' does not include any individual employed by the individual's parents, spouse or child or in the domestic service of any person. Enrolled House Bill 2669 (HB 2669-A) Page 1 (4) { + (a) + } 'Employer' means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. { + (b) For the purposes of employee protections described in section 2 of this 2013 Act, 'employer' means any person who, in this state, is in an employment relationship with an intern as described in section 2 of this 2013 Act. + } (5) 'Employment agency' includes any person undertaking to procure employees or opportunities to work. (6)(a) 'Familial status' means the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with: (A) A parent or another person having legal custody of the individual; or (B) The designee of the parent or other person having such custody, with the written permission of the parent or other person. (b) 'Familial status' includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age. (7) 'Labor organization' includes any organization which is constituted for the purpose, in whole or in part, of collective bargaining or in dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employees. (8) 'National origin' includes ancestry. (9) 'Person' includes: (a) One or more individuals, partnerships, associations, labor organizations, limited liability companies, joint stock companies, corporations, legal representatives, trustees, trustees in bankruptcy or receivers. (b) A public body as defined in ORS 30.260. (c) For purposes of ORS 659A.145 and 659A.421 and the application of any federal housing law, a fiduciary, mutual company, trust or unincorporated organization. (10) 'Respondent' means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS 659A.835. (11) 'Unlawful employment practice' means a practice specifically denominated as an unlawful employment practice in this chapter. 'Unlawful employment practice' includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. (12) 'Unlawful practice' means any unlawful employment practice or any other practice specifically denominated as an unlawful practice in this chapter. 'Unlawful practice' includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. SECTION 4. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ---------- Enrolled House Bill 2669 (HB 2669-A) Page 2 Passed by House May 15, 2013 ............................................................. Ramona J. Line, Chief Clerk of House ............................................................. Tina Kotek, Speaker of House Passed by Senate June 4, 2013 ............................................................. Peter Courtney, President of Senate Enrolled House Bill 2669 (HB 2669-A) Page 3 Received by Governor: ......M.,............., 2013 Approved: ......M.,............., 2013 ............................................................. John Kitzhaber, Governor Filed in Office of Secretary of State: ......M.,............., 2013 ............................................................. Kate Brown, Secretary of State Enrolled House Bill 2669 (HB 2669-A) Page 4